(A) Except as allowed under Oregon state law, no person shall carry concealed on his or her person or conceal in a vehicle a revolver, pistol, or other firearm; a knife other than an ordinary pocket knife; a dirk, dagger, or stiletto; metal knuckles; or any weapon that could be used to inflict injury on a person or the property of another. For purposes of this section, an
ORDINARY POCKET KNIFE is one with a maximum blade length of 3-1/2 inches that is not a switchblade or spring-blade knife.
(Ord. 60.01, passed 1-8-1991; Am. Ord. 2007-130.05, passed 2-13-2007)
(B) (1) Definitions. For the purpose of this division (B), the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BLAZE ORANGE TIP. Either a plastic plug or a permanent marking which is colored blaze orange, which covers the barrel of a replica firearm from the muzzle end for a depth of at least 6 millimeters, the placement of which is required by federal law.
FIREARM. A weapon, by whatever name known, which is designed to expel a projectile by the action of powder and which is readily capable of use as a weapon.
LASER POINTER. A device that emits light amplified by the stimulated emission of radiation that is visible to the human eye.
PUBLIC PLACE or PRIVATE PROPERTY OPEN TO THE PUBLIC. A place to which the general public has access and includes, but is not limited to, hallways, lobbies and other parts of apartment houses and hotels not constitution rooms or apartments designed for actual residence, and highways, streets, schools, places of amusement, parks, playgrounds and premises used in connection with public passenger transportation.
REPLICA FIREARM. Any toy or imitation which substantially duplicates a firearm or can reasonably be perceived to be an actual firearm unless:
1. The entire exterior surface of such toy or imitation is colored bright red, bright orange, bright yellow, bright pink or bright purple, either singly or as the predominant color in combination with other listed colors; or such toy or imitation is constructed entirely of transparent or translucent materials which permit unmistakable observation of the replica or imitation's complete contents.
2. The qualifications of subsection 1., above, and the affirmative defense of transporting a replica firearm in a public place set out in division (B)(3) do not apply to replica firearms present on school premises in the possession of persons under 25 years of age.
3. Imitation guns which may lawfully be seen in public nonetheless may not bear an attached laser pointer.
REPLICA FIREARM MERCHANT. A retail operation such as a hobby shop, sporting goods store, or firearms store, which is a place of sale to ultimate consumers of replica firearms for direct consumption, operating in a commercial structure or storefront, with premises open to the general public during business hours.
(2) Prohibition. No person shall:
(a) Possess a replica firearm in a public place; or
(b) Intentionally, knowingly, recklessly, or with criminal negligence point or discharge a replica firearm at another person, said other person being located in a public place.
(3) Affirmative defense. In any action under this division (B), it is an affirmative defense to be established by a preponderance of the evidence by the defendant that:
(a) A person is transporting the replica firearm in a public place and the replica firearm is completely concealed within an opaque container;
(b) A person is employed as a peace officer as defined in O.R.S. 133.005 and is acting within his or her official duties;
(c) The replica firearm, if present in a public place, is being used for or in the production or television programs or theatrical or motion picture presentation.
(d) The replica firearm is possessed in a situation where all the following conditions are present:
1. The replica firearm is possessed in the course of commerce, or for service or repair, by a replica firearm merchant, or a patron or wholesaler of such a merchant;
2. The replica firearm is possessed within the merchant's commercial storefront or structure in which the merchant's business is located; and
3. The replica firearm merchant holds a current, valid City of Banks business license.
(e) The replica firearm, if present in a public place, is being used by the fire department in training and educational activities.
(4) Seizure as contraband. Replica firearms used in violation of this division (B) shall be seized as contraband or for their evidentiary value, whichever may be applicable, and may be subject to forfeiture to the maximum extent allowed under law.
(5) Penalties.
(a) Violations of this division (B) are non-criminal violations punishable by a fine of no less than $250. If the offense involves a replica firearm on which the blaze orange tip has been removed or covered with paint, tape, or similar opaque substance, the offense is punishable by a fine of no less than $500.
(b) Notwithstanding subsection (5)(a), above, violation of this division (B) upon school premises is a Class C misdemeanor.
(c) A violation of this division (B) is a Class A misdemeanor if the defendant has been previously convicted of violating this ordinance within 5 years prior to the date of the current offense.
(6) Effective date. This division (B) shall take effect on July 1, 2007.
(Am. Ord. 130.05(B), passed 6-13-2007)
Penalty, see § 130.99